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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Pardon of the Victim's Guardians After the Ruling Reaches the Ruler, and the Hadith of Safwan

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Question:
Honorable Shaykh, if the guardians of the victim pardon the killer after the ruling has reached the ruler, does this contradict the hadith of Safwan ibn Umayyah? If the guardians of the victim pardon the killer after the ruling has reached the ruler, does this contradict the hadith of Safwan ibn Umayyah, which...

Answer:
This, this is a matter of the hudud. This is qisas (retaliation in kind). Qisas is a right belonging to the guardians of the victim. It is a right belonging to the guardians of the victim, so if they pardon him, it is dropped.
Even if it is before the ruler, even if a document is issued by the court, because this is a right for them. They have the right to take retaliation, they have the right to pardon, and they have the right to take the blood money. The saying of the Messenger (peace and blessings be upon him)
If a person's relative is killed, he has the choice of two things: He may eitherمن قتل له قتيل فهو بخير النظرين اما ان
Sunan Ibn Majah 2624Sahih (Darussalam)
He may take retaliation, or he may be paid the blood money. The Messenger (peace and blessings be upon him) made the right belong to the guardians. This is not from the hudud; this is from qisas, which are rights belonging to the created beings. Like the hadd for theft. The hadd for theft, if the owner pardons, if the created being pardons, the hadd is dropped because it is his right. Even if it is established in the case of a thief, it is his right. As long as it is a right belonging to the created being, it is dropped and pardoned. The discussion is only about the hudud that are a right for Allah (Glorified and Exalted is He). Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 145 من 175 /شرح بلوغ المرام/الحدود/حد السرقة/صالح الفوزان/الحديث/كبار العلماء — youtube.com (50:42)

The Arabic text is a machine transcription of the audio recording.

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